§ 9-52.040. Cluster Development Permits

A.

Purpose. This Section provides a process for approving a Cluster Development Permit which is intended to:

1.

Provide a method for the development of residential acreage resulting in a more efficient use of land and a better living environment than is otherwise possible through strict application of the residential development standards identified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards);

2.

Encourage preservation of natural terrain and open space and utilization of greater and more unified open space, especially on hillsides, than is otherwise possible through strict application of the setback and parcel width standards identified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards);

3.

Encourage a variety of dwelling types, sizes, and site designs (e.g., zero lot line developments); and

4.

Ensure development which meets high standards of environmental quality, public health and safety, and the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan.

B.

Applicability.

1.

A Cluster Development Permit may be applied for in-lieu of a Planned Development Permit only for residential projects which would result in a development project that is more desirable than could normally be accomplished with the standards identified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) based on the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan.

2.

The front, side, interior, and rear setback standards and the minimum lot width standards of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) shall not be applicable to property which has been granted a Cluster Development Permit where the property is maintained in conformance with the permit. Notwithstanding the applicability of a minimum side yard for a zero lot line or for any other single-family detached project, the sum of both side yards for any such single-family residential project shall add up to a minimum of 15 feet.

3.

The open space that is achieved by not developing to either the minimum standards for front, side, interior or rear setbacks and with the required minimum lot widths shall be made available for the enjoyment of project residents by providing the additional private or useable open space no more than 250 feet from the residential unit.

4.

For projects substituting a Cluster Development Permit for a Planned Development Permit, a Building or Grading Permit shall not be issued until the Cluster Development Permit has been approved in compliance with this Section.

C.

Application requirements. An application for a Cluster Development Permit shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review authority. The Commission shall be the applicable review authority for Cluster Development Permits.

E.

Project review, notice and hearing.

1.

Each Cluster Development Permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section. The Director shall submit a staff report and recommendation to the Commission for their consideration.

2.

The Commission shall conduct a public hearing on an application for a Cluster Development Permit before the approval or disapproval of the permit.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

F.

Findings and decision. Following a public hearing, the Commission may approve, conditionally approve, or disapprove an application for a Cluster Development Permit and shall record the decision and the findings upon which the decision is based. The Commission may approve a Cluster Development Permit only after first finding that: The Cluster Development Permit would:

1.

Be consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan;

2.

Be in full compliance with this Development Code and the Municipal Code;

3.

Ensure consistency with applicable City-adopted design guidelines; and

4.

Ensure that the proper standards and conditions have been imposed which protect the public health, safety, and welfare, and preserve open space.

G.

Conditions of approval. In approving a Cluster Development Permit, the Commission may impose additional conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection F (Findings and decision), above.

H.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Cluster Development Permit application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009)